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How Personal Injury Compensation Can Help You Get Back on Your Feet A serious injury can alter the ways you live your life. From the cost of medical bills and lost wages to suffering and pain, you may feel overwhelmed by the impact of your injuries. Some costs are easy to calculate, such as your medical expenses or missed work. Others are more subjective, such as your suffering and pain. Lost wages Injuries that cause loss of income can be devastating. Many households depend on their earnings to cover the essential costs of living, such as mortgage or rent payments, as well as food expenses. In New York, injured workers are able to file a personal injury claim against the driver who was at the fault to receive compensation for their lost wages. A successful claim requires proof that the injury was the reason of the wage loss and that it is directly linked to the accident. To determine your lost wages, you must first determine your average weekly wage (AWW), which is the amount that you earned prior to your injury. You can do this by looking over your previous pay statements. An attorney can help gather the required documents to prove your claim. If you work for more than one employer or have multiple sources of income, it is important to include both salaries in your AWW calculation. It is also advisable to include any additional financial benefits you are receiving, such as bonuses and health insurance, as well as retirement contributions. It is possible that you will not be capable of returning to work, or you may only be able to do so in a reduced capacity, based on the nature of the injury. If you're in this situation the insurance company might be required to provide temporary benefits such as a weekly fixed payment that is based on a specific percentage of your wage. You could also be entitled to a reimbursement of your paid time off (PTO) that you used in your recovery from your injury. The value of PTO generally equals one day's salary. Another factor that needs to be considered when calculating your lost wages is the cost of any work-related expenses you have incurred. This can include the cost of any transport, meals or other equipment required to help you recover. Workers' compensation doesn't guarantee future earnings. If your injury prevents you from working in the same field or earning the same pay you may be eligible for compensation for future losses through another process known as “lost earning capacity.” In order to prove this claim, you must to prove the impact that your accident has had on your capacity to pursue a particular career route. Medical bills Many people experience sticker shock when they learn of the price of hospital visits, especially an emergency room visit. The cost of treatment for outpatients can be quite expensive. This is because medicine is a profitable business and the doctors must pay for their expenses and turn profits. They therefore have the right to place a lien against your personal injury settlement in order to recover the amount they have been assessed. Medical bills are included in the compensation claim for injuries resulting from negligence. They are usually reimbursed by the at-fault party and their insurance company. You are responsible for paying these medical charges as long as the case is in progress. Once your personal injury protection (PIP) has exhausted its $8,000 or $2,200 limit You can then use your health insurance plan to cover the remainder of your medical expenses. It is important to have your health insurance details on the medical provider's file so that they can pay these bills directly to them. You should also check whether the medical professionals who have treated you are authorized to do so by the Workers' Compensation Board. If they're not then you'll be responsible for the cost of treatment when you receive the personal settlement for injury. It is also important to make sure that you inform your attorney regarding all the doctors' offices, physical therapists' and other medical providers you have been to. Your lawyer may not be aware of them and might not be able to collect the amounts owed from your settlement. An injury lawsuit can aid you in recovering from the physical and emotional trauma you've experienced due to the negligence of other people. You can get compensation for your injuries or the death of someone you love when you can prove that the negligence of the other party caused it. This includes medical expenses as well as lost wages and other damages that are not economic, such as pain and discomfort. Suffering and pain It is difficult for pain and suffering to quantify in dollar terms. her response is because they aren't economic damages like medical bills or income loss. It is important to hire an attorney who can to explain to jurors the impact of your injury on your life. Evidence such as photos, witness testimony and copies of your medical records could assist. But, describing to the jury how your injuries have affected your life and hindered you from engaging in activities and hobbies can have a significant impact. Your lawyer can employ either the Multiplier or Per Diem method to calculate your pain, suffering and damages. The Multiplier method is a method of adding up the amount of money you have lost and then multiplies them by a number that ranges from one to five, depending on the severity of your injury. The Per Diem method assigns a specific dollar amount for each day that you were injured, and then multiply that number by the total days that it will take to reach your full recovery. These are only two of the many elements that your lawyer will take into consideration to determine the most fair amount of settlement for your pain and suffering. Computers and algorithms can't calculate pain or suffering, which is why every case has to be assessed individually. In addition to evaluating your actual physical pain emotional anguish, mental stress and distress must be considered. This includes feelings like depression, anxiety, and grief. The most severe mental pain could include PTSD, or post-traumatic stress disorder. A psychologist or another expert can testify about your injuries and how it has affected your life. This can be done through written reports or through face-toface testimony. The more details that you have the greater chance it is that your attorney can get you a greater amount of compensation for your suffering and pain. You can sue someone who intentionally injured you, even though the majority of personal injury cases are caused by accidents. This type of negligence claim is described as a civil tort. Although these types of claims are rare however, there are a variety of civil torts that can be filed for, including wrongful death, medical malpractice, dog bite injuries, and defamation lawsuits. Damages After an accident, a financial award can aid someone to get back on their feet. It can also compensate more intangible losses such as pain and suffering. Typically, damages are paid by the defendant in an insurance settlement or by the jury or judge in court cases. Generally there are two types of damages: compensatory and punitive. Compensatory damages reimburse the plaintiff for actual expenses and are available in almost every personal injury lawsuit. Punitive damages punish wrongdoers and discourage future similar conduct. When seeking compensation, it is important to include not just the losses that have occurred in the past, such as medical bills and lost wages, but also estimated future losses and expenses. This includes prescription medication, future surgeries and other unexpected expenses. It is also important to consider the effects of your injury on your quality-of-life. It is important to consider the consequences you face in the event that, for instance, you are unable to play with your kids or do other activities that you enjoy. The easiest way to determine past losses is simply adding up the amount you've paid and the amount you've lost. However, to calculate future medical expenses and a decrease in earning potential, you'll require an official note from your doctor stating the amount of time you'll be not able to work and the usual hourly rate. You can then divide the number days between the date of your medical improvement's maximum and the date of your expected return to work by this daily rate, to calculate the estimated loss in income. Additionally, if the accident has damaged your relationships with family members, you could be eligible to receive compensation for the loss of companionship, or “loss of consortium.” This type of compensation is intended to ease the emotional pain caused by the impact an injury has on your relationship with your spouse and other loved ones. Pain and suffering are difficult to quantify, but you deserve fair compensation. This category of damages is usually determined by the judge's or jury's judgment rather than hard evidence. Your lawyer can explain this in greater detail and help you determine the level of damages you are entitled to for your injuries.